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TOWN OF DEER TRAIL, COLORADO

BOARD OF TRUSTEES

Regular Meeting

July 6, 2004

 

CALL TO ORDER

The Board of Trustees of the Town of Deer Trail met in regular session on Tuesday, July 6, 2004 at the Town Hall, 555 Second Avenue, Deer Trail, Colorado. Mayor Tink Rector called the meeting to order at 7:00 p.m.

ROLL CALL

Mayor: Tink Rector  Trustees Present: Gary Lavoie, Russell Ness, Tami Stoumbaugh, Dutch Venter, Melvin Wood

Staff Present: Patti Owens, Town Clerk; Randy Eldringhoff, Maintenance

Public Present: David Boyd, Kendra Boyd, Lucinda Boyd, Daniel Boyd, Vicki Boyd, Rob Byg, Rob Hardwick, David Ford, Susan DiGuglielmo, Sharlene Wood, Keith Swain

APPROVAL OF AGENDA

Trustee Lavoie added an item to New Business: New Fence.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to approve the agenda with an addition to new business. The motion carried.

APPROVAL OF THE MINUTES

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to approve the June 1, 2004 regular meeting minutes and the June 15, 2004 special meeting minutes. The motion carried.

PUBLIC PARTICIPATION

Keith Swain, who recently moved in to the property at 537 Second Ave., asked if the fence separating the his property and the Town's property could be removed and/or replaced for insurance purposes. He indicated his insurance company had given him a deadline of July 15. The Board told Mr. Swain the issue would be addressed later in the meeting.

David Boyd, Kendra Boyd, Lucinda Boyd, Rob Byg, Robert Hardwick, David Ford, and Susan DiGuglielmo expressed concerns about the Town contracting with Arapahoe County to enforce certain county codes including those regarding inoperable vehicles, junk yards, auto wrecking yards, and unsafe buildings. They expressed their concern about the strictness of county codes and felt many people shared their concern.

The Board explained that possible county involvement was pending depending on feasibility and cost and that many citizens had expressed their desire to address the problems. The Board also stated that another option is a municipal court.

REPORTS

Water & Sewer

-Readings

The Town Clerk reported water usage for the month of June, 2004 was 2,714,300. The average sewer flow for June was 28,443 gallons per day.

Financial

The Town Clerk presented year-to-date budget reports for the General Fund, Water Fund, Sewer Fund, and Conservation Trust Fund.

Sewer Project

The Town Clerk presented correspondence from GMS, Inc. to Colorado Dept. of Transportation, bond documentation, information regarding rights-of-way, and easement acquisition. All but one of the 11 property owners on Seventh Ave. south of Cedar have executed easements.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to take whatever steps necessary to secure the final easement preceded by a final letter requesting the property owner's cooperation. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

APPROVAL AND PAYMENT OF BILLS

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the payment of the bills. Voting was as follows:

YES: Ness, Rector, Stoumbaugh, Venter, Wood, Lavoie  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

UNFINISHED BUSINESS

East Ridge Addition - Street Lights

TRUSTEE STOUMBAUGH MOVED, TRUSTEE NESS SECONDED to install a transformer and wiring in East Ridge Addition for two street lights at a cost of approximately $1,000. Voting was as follows:  YES: Rector, Stoumbaugh, Venter, Wood, Lavoie, Ness  NO: None

ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

NEW BUSINESS

Water Service - 608 First Ave.

Property owner Glenn Kunkel has requested water service at 608 First Ave. It was determined that water is currently available at that address.

Business District Signage

Glenn Kunkel would like to have one or two Business District signs directing traffic towards First Ave. The Board will refer Kunkel to the appropriate CDOT official.

Resolution 04-06 - Workers' Comp Opt Out

Each year the Board of Trustees opts out Workers' Compensation coverage for the Deer Trail Housing Authority Commissioners. This must be done by resolution.

TRUSTEE LAVOIE MOVED, TRUSTEE WOOD SECONDED to adopt Resolution 04-06 providing that certain appointed officials of the Town of Deer Trail shall be deemed not to be "employees" within the meaning of the workers' compensation laws. Voting was as follows:  YES: Stoumbaugh, Venter, Wood, Lavoie, Ness, Rector  NO: None  ABSTAIN: None  ABSENT: Haight

The Mayor declared the motion carried.

Resolution 04-07 - Supplemental Budget

In order to provide necessary funds for purchase of a new tractor, a supplemental budget for the Conservation Trust Fund is necessary.

TRUSTEE WOOD MOVED, TRUSTEE LAVOIE SECONDED to adopt Resolution 04-07 appropriating additional sums of money to defray expenses in excess of amounts budgeted for the Town of Deer Trail. Voting was as follows:  YES: Venter, Wood, Lavoie, Ness, Rector, Stoumbaugh  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Resolution 04-08 - Arapahoe County Intergovernmental Agreement

Under advisement of the Town's attorney, Stan Kimble, the Town should adopt a resolution in order to enter into an IGA with Arapahoe County to receive the Town's portion of the Shareback Funds from the Open Space Tax.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to adopt Resolution 04-08 that the Town of Deer Trail enter into an Intergovernmental Agreement with the County of Arapahoe for the acceptance, administration, and expenditure of share back funds. Voting was as follows:  YES: Wood, Lavoie, Ness, Rector, Stoumbaugh, Venter  NO: None  ABSTAIN: None  ABSENT: Haight

The Mayor declared the motion carried.

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to approve the Intergovernmental Agreement with Arapahoe County for the acceptance, administration, and expenditure of share back funds with the stipulations recommended by Stan Kimble. Voting was as follows:  YES: Lavoie, Ness, Rector, Stoumbaugh, Venter, Wood  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

Stan Kimble's recommendations included striking out a paragraph in the agreement referring to the Town collecting the .25 percent Arapahoe County Use Tax on building and construction materials, and asking for a letter from the County stating the same.

Ordinance 218 - Amending Ordinances 201 and 202

TRUSTEE NESS MOVED, TRUSTEE STOUMBAUGH SECONDED to adopt Ordinance 218 to amend Ordinances 201 and 202 pertaining to certain costs and requirements of a landowner or developer when municipal water and sewer mains are installed. Voting was as follows:  YES: Ness, Rector, Stoumbaugh, Venter, Wood, Lavoie  NO: None  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

2003 Audit

TRUSTEE NESS MOVED, TRUSTEE WOOD SECONDED to approve the 2003 audit. The motion carried.

Summer Baseball Donation

TRUSTEE STOUMBAUGH MOVED, TRUSTEE LAVOIE SECONDED to donate $200 to the summer baseball program. Voting was as follows:  YES: Stoumbaugh, Lavoie  NO: Rector, Venter, Wood, Ness  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion defeated.

MAYOR RECTOR MOVED, TRUSTEE VENTER SECONDED to get more information on the request for the summer baseball donation and discuss it at the August 3 Board meeting. The motion carried.

Building Permit

TRUSTEE STOUMBAUGH MOVED, TRUSTEE WOOD SECONDED to approve the building permit submitted by Tim and Susan DiGuglielmo at 257 Seventh Ave. The motion carried.

New Fence

TRUSTEE VENTER MOVED to not build a new fence between the Town Hall and 537 Second Ave. Trustee Venter withdrew his motion.

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to erect a cedar privacy fence between the Town Hall and 537 Second Ave., splitting the $1,018.16 cost of the fence with the property owner at 537 Second Ave., with the Town tearing down and building the new fence and the adjacent property owner disposing of the old fence. Voting was as follows:  YES: Stoumbaugh, Wood, Lavoie, Ness, Rector  NO: Venter  ABSTAIN: None  ABSENT: Haight  The Mayor declared the motion carried.

STAFF REPORTS

The Town Clerk reported on: the progress of the CDBG paving project; the Town of Deer Trail lapel pins available for $3 each; fireworks donations; sewer rate increases; vacation time for all employees; and the Town web site. The Board will decide at the August 3 meeting whether or not it wants to host a Rodeo Run this year.

TRUSTEES' COMMENTS

Trustee Ness expressed his concern about the tree blocking the view at Fifth Avenue and Aspen Streets. He asked that Town Hall shop doors be closed when no one is in the shop

Trustee Venter asked about the gates at the park and requested dirt in a hole in his alley.

ADJOURNMENT

TRUSTEE LAVOIE MOVED, TRUSTEE STOUMBAUGH SECONDED to adjourn the meeting. The motion carried.

The regular meeting was adjourned at 8:10 p.m.

______________________________

Beryl H. Rector, Mayor

ATTEST

______________________________

Patti K. Owens, Town Clerk